Rodney R. Hardin v. Royal & Sunalliance Insurance

Case Number
E2001-02622-SC-WCM-CV

We granted the plaintiff's motion for review as provided by Tennessee Code Annotated section 50-6-225(e) (1999 & Supp. 2002) to determine whether a trial court may reconsider an award pursuant to Tennessee Code Annotated section 50-6-241(a)(2) (1999) when an employee resigns and, if so, under what circumstances may the prior award be increased. After receiving a workers' compensation award and returning to his pre-injury employment, Rodney R. Hardin voluntarily resigned. Thereafter, he filed a motion requesting that the trial court reconsider his award. The trial court granted this motion and increased the plaintiff's award by 15%. The Special Workers' Compensation Appeals Panel held that, while a trial court may reconsider a previous workers' compensation award when the employee resigns, it may increase the award only if the resignation was reasonably related to the injury. The Panel found that Hardin's resignation was not reasonably related to his injury and, therefore, reversed the trial court's increase of the award. We agree with the Panel's reasoning and its conclusion.

 

Authoring Judge
Justice Adolpho A. Birch, Jr.
Originating Judge
Chancellor Daryl R. Fansler
Case Name
Rodney R. Hardin v. Royal & Sunalliance Insurance
Date Filed
Dissent or Concur
No
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